Court slams EU human rights agency over racism claims

A European court has ordered the EU's embattled human rights and anti-racism agency to re-hire a staff member who was fired in 2013 after claiming he had been a victim of ethnic discrimination.

The EU Civil Service Tribunal ruled Thursday that the Vienna-based European Union Agency for Fundamental Rights was wrong to fire its employee, identified only as "DD," and has ordered the agency to cover both legal fees and back pay totaling an estimated €200,000.

"DD" was first employed as a legal affairs officer at the European Monitoring Center on Racism and Xenophobia in 2000, the Agency for Fundamental Rights' precursor, and had been employed permanently in 2009. That same year the employee officially raised concerns that he had been the "victim of ethnic discrimination."

According to court documents, a senior manager responded to DD's complaint by launching an "administrative inquiry" into the employee himself. In February 2013, the manager imposed an official reprimand on DD, who was subsequently dismissed from his permanent position.

The Court's decision has overturned both the reprimand imposed on DD and his subsequent firing, while also ordering the agency to pay costs and back pay. However, the judgment does not address the validity of DD's claims of discrimination.

The European Commission, which appoints two members to the agency's management board, has not responded to requests for comment.

The Agency for Fundamental Rights also declined to answer questions on the case, other than to say it would "take all necessary measures for the execution of the judgment of the court."

The court ruling is the most recent case in a spate of staff-related controversies surrounding the agency's internal procedures, which have involved claims of whistleblower harassment and what court documents describe as an "intense atmosphere of fear" in its administration department.

In 2011, official Timo Allgeier, who was responsible for the agency's public procurement, took legal action against it, claiming it had failed to respond to his complaints that senior officials (identified in court documents only as "Mr. A" and "Mr. M") had approached him and asked him to backdate a contract. When Allgeier reported the request as a "fraudulent practice" he claimed to have been subjected to "psychological harassment."

In 2012, the court found in Allgeier's favor, saying the agency's investigation into the matter was "vitiated by irregularities [and] illegalities," and ordered it to cover Allgeier's legal costs, pay him €5,000 in compensation and reverse all disciplinary action against him. Allgeier declined to comment.

In 2013, an internal auditor reported the agency to the European Ombudsman, which investigated harassment claims against the official, again over irregularities in tender processes.

The ombudsman found the agency had failed to investigate claims by the auditor that he had been subjected to an atmosphere of intimidation, involving the installation of a security camera to monitor those entering his office and interviewing colleagues who spoke to him.

The ombudsman concluded that "[t]he Fundamental Rights Agency committed maladministration by refusing to carry out a proper and thorough investigation into the complainant's allegations of psychological harassment." The agency has, to date, not acted on the ombudsman's finding.

Another whistleblower who has since left the agency claims that further reports of public procurement irregularities were dismissed by internal processes and that management quickly turned on the complainant.

In one case, a former official told POLITICO he was approached repeatedly at home at night by a lawyer who demanded a signature on documents withdrawing claims of irregularities.

Morten Kjaerum was the Agency for Fundamental Rights' director throughout the period covered by the court action. Kjaerum left the agency in March to take up the role of director of the Raoul Wallenberg Institute of Human Rights in Sweden and last month was appointed as chairman of the board of the European Council on Refugees and Exiles. Kjaerum has not responded to a request for comment.

Last month the fundamental rights agency appointed a new director, Michael O'Flaherty, after a heated confirmation hearing which saw the European Parliament reject the candidate being promoted by the agency.

The agency had wanted the job to go to Ilze Brands Kehris, a Latvian who had been the chairwoman of its Management Board from December 2009 to July 2012. But members of Parliament's Civil Liberties Committee chose former Dutch politician Lousewies van der Laan, forcing the agency to back away from Brands Kehris. O'Flaherty was considered a compromise choice.

O'Flaherty's appointment has angered committee members, who are now vowing to shed light on how the appointment was made.

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Bandi

Obviously the solution would be the abolishment of such institutions serving only well-paid bureaucrats. Why on earth would the EU need a “fundamental rights agency” beside national ombudsman institutions, etc?